Maine LD 1384: An Act To Adopt The National Popular Vote Interstate Compact

Bill Text

Printed on recycled paper
130th MAINE LEGISLATURE
FIRST SPECIAL SESSION-2021
Legislative Document No. 1384
H.P. 1018 House of Representatives, April 7, 2021
An Act To Adopt the National Popular Vote Interstate Compact
Received by the Clerk of the House on April 5, 2021. Referred to the Committee on
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative BELL of Yarmouth.

Page 1 - 130LR0938(01)
1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 21-A MRSA §801, sub-§2, as enacted by PL 2019, c. 539, §4, is repealed.
3 Sec. 2. 21-A MRSA §805, sub-§2, as amended by PL 2019, c. 539, §5, is further
4 amended to read:
5 2. Presidential electors. The presidential electors at large shall cast their ballots for
6 the presidential and vice-presidential candidates who received the largest number of votes
7 in the State according to the ranked‑choice method of counting votes described in section
8 723‑A are determined to be the national popular vote winners under section 1303. The
9 presidential electors of each congressional district shall cast their ballots for the presidential
10 and vice-presidential candidates who received the largest number of votes in each
11 respective congressional district according to the ranked‑choice method of counting votes
12 described in section 723‑A are determined to be the national popular vote winners under
13 section 1303.
14 Sec. 3. 21-A MRSA c. 17 is enacted to read:
15 CHAPTER 17
16 INTERSTATE COMPACT: AGREEMENT AMONG THE STATES TO ELECT
17 THE PRESIDENT OF THE UNITED STATES BY NATIONAL POPULAR VOTE
18 §1301. Membership - Article 1
19 Any state of the United States and the District of Columbia may become a member of
20 this agreement by enacting this agreement.
21 §1302. Right of people in member states to vote for President and Vice President -
22 Article 2
23 Each member state shall conduct a statewide popular election for President and Vice
24 President of the United States.
25 §1303. Manner of appointing presidential electors in member states - Article 3
26 Prior to the time set by law for the meeting of and voting by the presidential electors,
27 the chief election official of each member state shall determine the number of votes for
28 each presidential slate in each state of the United States and in the District of Columbia in
29 which votes have been cast in a statewide popular election and shall add such votes together
30 to produce a national popular vote total for each presidential slate.
31 The chief election official of each member state shall designate the presidential slate
32 with the largest national popular vote total as the national popular vote winner.
33 The presidential elector certifying official of each member state shall certify the
34 appointment in that official's own state of the elector slate nominated in that state in
35 association with the national popular vote winner.
36 At least 6 days before the day fixed by law for the meeting of and voting by the
37 presidential electors, each member state shall make a final determination of the number
38 popular votes cast in the state for each presidential slate and shall communicate an official

Page 2 - 130LR0938(01)
39 statement of such determination within 24 hours to the chief election official of each other
40 member state.
3 The chief election official of each member state shall treat as conclusive an official
4 statement containing the number of popular votes in a state for each presidential slate made
5 by the day established by federal law for making a state's final determination conclusive as
6 to the counting of electoral votes by Congress.
7 In the event of a tie for the national popular vote winner, the presidential elector
8 certifying official of each member state shall certify the appointment of the elector slate
9 nominated in association with the presidential slate receiving the largest number of popular
10 votes within that official's own state.
11 If, for any reason, the number of presidential electors nominated in a member state in
12 association with the national popular vote winner is less than or greater than that state's
13 number of electoral votes, the presidential candidate on the presidential slate that has been
14 designated as the national popular vote winner may nominate the presidential electors for
15 that state and that state's presidential elector certifying official shall certify the appointment
16 of such nominees.
17 The chief election official of each member state shall immediately release to the public
18 all vote counts or statements of votes as they are determined or obtained.
19 This article governs the appointment of presidential electors in each member state in
20 any year in which this agreement is, on July 20th, in effect in states cumulatively possessing
21 a majority of the electoral votes.
22 §1304. Contingent effective date; withdrawal;